Or. Admin. Code § 603-095-4015 - Notification to the Oregon Department of Agriculture - Maintenance Without a Permit; Types of Maintenance Activities

(1) Notification to the Oregon Department of Agriculture shall be given for the maintenance activities of existing traditionally maintained channels that meet the following:

(a) Limited to maintenance of dry traditionally maintained channels that are in existence or operation at the time of the activities; and

(b) Have been routinely subject to maintenance so as to facilitate drainage related to farming operations; and

(c) Have been serviceable for facilitating drainage within the past five calendar years as determined at the time of notification; and

(d) Maintenance activities do not include those activities prohibited by the mandatory conditions or otherwise prohibited by these rules.

(2) Activities not covered by notification. A notification may not be filed for the following activities:

(a) Activities within a channel that is not a traditionally maintained channel, as defined in 603-095-4005(15).

(b) Development or construction of new channels, or alteration of a channel that has not been serviceable for facilitating drainage within the past five calendar years as of the date of intended notification, or channel relocation activities as defined in ORS 196.800(1).

(c) Maintenance activities that will result in converting wetlands to uplands.

(d) Maintenance activities that will change the depth or functionality of a wetland.

(e) Maintenance activities that will result in the removal of more than 3,000 cubic yards per linear mile of traditionally maintained channels over the course of the five-year notification period.

(f) Maintenance activities that will result in the spreading of material in a wetland or converted wetland in a volume greater than 3,000 cubic yards per linear mile of traditionally maintained channels over the course of the five-year notification period.

(g) Maintenance activities that will result in a change in location of a channel caused by the digging of a new channel and the diversion of the flow from the old channel into the new channel.

(h) Maintenance activities that will result in an increase in the width or depth of the traditionally maintained channel beyond the width or depth of the traditionally maintained channel that is routinely maintained to facilitate drainage.

(i) Any activity not allowed in ORS 196.906 - 196.919 that would otherwise require a permit from the Oregon Department of State Lands as provided in ORS 196.682 et seq. or as required pursuant to OAR 603-095-4025(2).

(3) Nothing in OAR 603-095-4000 through 603-095-4060 limits or otherwise changes the exemptions under ORS 196.921.

Notes

Or. Admin. Code § 603-095-4015

DOA 17-2020, adopt filed 09/08/2020, effective 9/8/2020

Statutory/Other Authority: ORS 196.816

Statutes/Other Implemented: ORS 196.816